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Immigration Corner
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This is a column created especially for immigrants concerned or unsure of issues pertaining to the U.S. Immigration Law. The column will answer some of our readers frequently asked questions and provide answers from qualified immigration attorneys and advocates lobbying for the U.S. immigration cause.
Q: My daughter is 24 years old. She left Guyana since she was 15. Although she is permanent in the U.S., I still have not gotten any word of sponsorship. I would like to know if she can sponsor her little brother and me and what the conditions are to apply for sponsorship?
A: Louisiana-based Attorney Sanjay Biswas says if your daughter has been a permanent resident for five years or if she qualifies for citizenship through marriage, then she can become a U.S. citizen. This will allow for her to petition for you as an immediate relative and you would be able to come within six months. Your son would be able to come as well if he is under 21. A permanent resident cannot sponsor a parent.
Q: If someone has been permanently banned from entering the U.S., is there anyone they can seek help to be pardoned? The person had given their boarding pass to another to go to Canada. They were sent back to the Caribbean immediately but were not convicted since there is no law against this. The airline authorities made contact to the Canadian and US embassies on the alleged offence. That was all that occurred. However, when one of the individuals visited the US embassy to have their visa renewed, their passport was stamped ‘permanently ineligible.
A: Cornell professor and attorney Stephen Yale Loehr says your situation is very odd. Usually, says Loehr, a person is only declared ineligible to enter the U.S. only after a formal order of deportation. Moreover, even then there are ways to seek permission to re-enter the US with the Attorney General’s permission. However, because of the uniqueness of your situation, Loehr says there is no direct answer unless detailed information is provided. For that, you’ll need to consult with your own personal attorney.
Q: Can an asylee when applying for a greencard legalize a spouse without having him exit the U.S.? He is the father of my child and has no criminal record but his asylum case was denied and immigration officials initiated his removal procedure?
A: Attorney Andre Pierre says that you can legalize your potential spouse but you must show that the relationship existed on the date you were granted political asylum and continues up to this time, or at least at the time you file for your alien residency card.
Please Note: The INS no longer exists as of March 1st. It is now the Bureau of Citizenship and Immigration Services (BCIS) within the Department of Homeland Security, which will handle all petitions. There is also the Bureau of Immigration and Customs Enforcement and the Bureau of Customs and Border Protection. The National Customer Service Call Center will still be 1-800-375-5283, or for the hearing impaired at 1-800-767-1833. You can download forms and check the status of your case online at www.immigration.gov.
About the writer: Felicia Persaud is a New York-based journalist covering immigration and head of Hard Beat Communications, a news service. If you or someone you know has an immigration question, email Felicia directly at hardbeatinc@aol.com. Individuals can keep their anonymity if preferred, since questions will not be answered personally! As usual, it’s always best to double check with an attorney on your specific case.
OTHER TOPICS AROUND THE REGION
• Governor McGreevey signs racial profiling bill, with police support
• Guyana secures support for rice industry
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